Terms of Use

1. Use License

Jacada, Inc. on its own behalf and on behalf of its affiliates ("Jacada") grants you permission to view this web site (the "Site") and to print individual pages from this Site for your own personal, noncommercial use. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth in these Terms of Use. You may not modify, copy (except as otherwise noted), distribute, transmit, display, perform, reproduce, publish, license, use, create derivative works from, transfer or sell any products or services from this Site. As a condition of your use of this Site, you represent and warrant to Jacada that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site.

2. Copyrights

This Site and its contents are the copyrighted property of Jacada and may contain copyrighted property of third parties. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on the Site, without the prior written permission of the copyright owner. Jacada aggressively enforces its intellectual property rights to the fullest extent of the law.

3. Trademarks

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are the registered Trademarks of Jacada and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The name of Jacada, the Jacada logo and other materials found on this Site may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Jacada. Jacada prohibits use of its Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Jacada in writing. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and may not be used without such respective owners prior written consent.

4. Links to Third Party Sites

Jacada does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to or from this Site. You access or connect to these linked web sites at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in or to, these non- Jacada web sites are not investigated, verified, monitored or endorsed by Jacada, and Jacada disclaims any warranty and liability, express or implied, with respect to the contents of such web sites.

5. Disclaimer

YOUR USE AND BROWSING IN THE SITE AND ANY CONTENT OR SERVICES PROVIDED HEREIN ARE AT YOUR OWN RISK. EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. JACADA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT. JACADA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR SERVICES PROVIDED HEREIN, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR SERVICES PROVIDED HEREIN OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE INCLUDING BUT NOT LIMITED TO ANY CONTENT OR SERVICES PROVIDED HEREIN. YOUR USE OF THIS SITE AND THE SERVICES AND CONTENT PROVIDED HEREUNDER IS AT YOUR OWN RISK. IN NO EVENT SHALL JACADA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENTS IN THIS SITE, THE SERVICES PROVIDED PURSUANT TO THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. JACADA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OR YOUR USE OF THE SERVICES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Submissions

Except for information you transmit to Jacada for the purposes of receiving product support, any communication, material or information you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, postings or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Jacada and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting on the Site or otherwise. Jacada is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Through your usage of this Site, you may submit and/or Jacada may gather certain limited information about you and your Site usage. Jacada Inc. is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.

7. General

You agree that these Terms of Use and your use of this Site are governed by the laws of the State of Georgia, USA, without regard to its rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or these Terms of Use, (b) in which this Site and/or these Terms of Use are an issue or a material fact, or (c) in which this Site and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above, and in any jurisdiction where all or any portion of this Site may violate any legal requirements, and you agree not to access this Site in any such jurisdiction. Jacada makes no representation that contents on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

8. Changes

You agree that Jacada may at any time and without notice change these Terms of Use, as well as the content of the Site.

9. Relationship

You agree that no joint venture, partnership, employment or agency relationship exists between you and Jacada Inc. solely as a result of your use of this Site.

10. Entire Agreement

These Terms of Use constitute the entire agreement between you and Jacada with respect to this Site. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Jacada with respect to this Site. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by Jacada in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Jacada in printed form.

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